How to Change By-laws

How are by-laws amended or made?

Existing by-laws can be amended and new by-laws can be made by special resolution in general meeting: this is a resolution which is passed at a general meeting of an owners corporation and against which not more than one-quarter in value of votes is cast.

Can I initiate amendments to existing by-laws or make new by-laws?

If you are an owner and provided your levies are not in arrears you have the right to initiate changes and to vote at the relevant general meeting.

The meeting can be either an annual general meeting or an extraordinary general meeting.

It is easier to include the changes you want at an annual general meeting. If you do not want to wait for the annual general meeting and provided you have sufficient support from other owners, you may requisition the calling of an extraordinary general meeting.

Annual general meeting

If you want to include on the agenda for an annual general meeting a motion to amend the by-laws or make new by-laws:

  • first, know the by-law(s) you want amended and the terms of any new by-law(s) you want [see sample pet by-law for an example of a pet by-law]
  • secondly, prepare the motion you want considered at the meeting and send it to the secretary of the owners corporation with a request that the motion be included in the agenda for the meeting (your request should be sent before the secretary sends out the notices for the meeting) [see requisitions and motions for examples of the type of requisitions and motions you could adopt]

Extraordinary general meeting

If you want an extraordinary general meeting held, the meeting can be called in one of the following ways:

  • the executive committee can call the meeting at any time
  • the secretary must call the meeting if the secretary receives a requisition from the owners of lots whose total unit entitlement is at least one-quarter of the aggregate unit entitlement: the requisition must be accompanied by the proposed motion: the secretary must convene the meeting as soon as practicable after receiving the requisition: if the secretary is absent, then the obligation to convene the meeting falls on the executive committee [see requisitions and motions for examples of the type of requisitions and motions you could adopt]